Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations 27901
services, including all applicable fixed CALLS Order, 65 FR 38684, June 21, SUPPLEMENTARY INFORMATION: and traffic-sensitive charges. 2000, this rate shall be reduced by the Background (6) Rural CLEC shall mean a CLEC NECA tariff’s carrier common line that does not serve (i.e., terminate traffic charge. Astragalus pycnostachyus var. to or originate traffic from) any end lanosissimus (Ventura marsh milk- [FR Doc. 01–12758 Filed 5–18–01; 8:45 am] users located within either: vetch) was first described by Per Axel (i) Any incorporated place of 50,000 BILLING CODE 6712–01–P Rydberg (1929) as Phaca lanosissima inhabitants or more, based on the most from an 1882 collection by S.B. and recently available population statistics W.F. Parish made from ‘‘La Bolsa,’’ of the Census Bureau or DEPARTMENT OF THE INTERIOR probably in what is now Orange County, (ii) An urbanized area, as defined by California. The combination A. Fish and Wildlife Service the Census Bureau. pycnostachyus var. lanosissimus was (b) Except as provided in paragraphs assigned to this taxon by Philip Munz (c) and (e) of this section, a CLEC shall 50 CFR Part 17 and Jean McBurney in 1932 (Munz not file a tariff for its interstate switched RIN 1018–AF61 1932). exchange access services that prices Astragalus pycnostachyus var. those services above the higher of: Endangered and Threatened Wildlife lanosissimus is a herbaceous perennial (1) The rate charged for such services and Plants; Final Rule for Endangered in the pea family (Fabaceae). It has a by the competing ILEC or Status for Astragalus pycnostachyus thick taproot and multiple erect, reddish (2) The lower of: var. lanosissimus (Ventura marsh milk- stems, 40 to 90 centimeters (cm) (16 to (i) The benchmark rate described in vetch) 36 inches (in)) tall, that emerge from the paragraph (c) of this section or root crown. The pinnately compound AGENCY: Fish and Wildlife Service, (ii) The lowest rate that the CLEC has leaves are densely covered with silvery tariffed for its interstate exchange access Interior. white hairs. The 27–39 leaflets are 5 to services, within the six months ACTION: Final rule. 20 millimeters (mm) (0.2 to 0.8 in) long. preceding June 20, 2001. SUMMARY: We, the U.S. Fish and The numerous greenish-white to cream (c) From June 20, 2001 until June 20, Wildlife Service (Service), determine colored flowers are in dense clusters 2002, the benchmark rate for a CLEC’s endangered status for Astragalus and are 7 to 10 mm (0.3 to 0.4 in) long. interstate switched exchange access pycnostachyus var. lanosissimus The calyx teeth are 1.2 to 1.5 mm (0.04 services will be $0.025 per minute. (Ventura marsh milk-vetch) pursuant to in) long. The nearly sessile, single- From June 20, 2002 until June 20, 2003, the Endangered Species Act (Act) of celled pod is 8 to 11 mm (0.31 to 0.43 the benchmark rate for a CLEC’s 1973, as amended. Historically known in) long (Barneby 1964). The blooming interstate switched exchange access from a three-county region in coastal time has been recorded as July to services will be $0.018 per minute. southern California, A. pycnostachyus October (Barneby 1964); however, the From June 20, 2003 until June 21, 2004, var. lanosissimus was believed extinct one extant population was observed in the benchmark rate for a CLEC’s until its rediscovery in 1997. The only flower in June 1997. This variety is interstate switched exchange access known extant population of this distinguished from A. pycnostachyus services will be $0.012 per minute. After recently rediscovered plant occurs in var. pycnostachyus by the length of June 20, 2005, the benchmark rate for a calyx tube, calyx teeth, and peduncles. Ventura County, California, on less than CLEC’s interstate switched exchange It is distinguished from other local 1 acre of degraded dune habitat that was access services will be the rate charged Astragalus species by its size, perennial previously used for disposal of for similar services by the competing habit, size and shape of fruit, and petroleum wastes. The most significant ILEC, provided, however, that the flowering time. current threats to A. pycnostachyus var. benchmark rate for a CLEC’s interstate The type locality is ‘‘La Bolsa,’’ where lanosissimus are direct destruction of switched exchange access services will the plant was collected in 1882 by S.B. this population from proposed soil not move to bill-and-keep, if at all, until and W.F. Parish (Barneby 1964). Based remediation, residential development, June 20, 2005. on the labeling of other specimens (d) Notwithstanding paragraphs (b) and associated activities. This taxon is collected by the Parishes in 1881 and and (c) of this section, in the event that, also threatened by unanticipated 1882, Barneby (1964) suggested that this after June 20, 2001, a CLEC begins human-caused and natural events that collection may have come from the serving end users in a metropolitan could eliminate the single remaining Ballona marshes in Los Angeles County. statistical area (MSA) where it has not population. Competition from nonnative However, Critchfield (1978) believed previously served end users, the CLEC invasive plant species is an additional that ‘‘La Bolsa’’ could easily have shall not file a tariff for its interstate threat. This action will extend the Act’s referred to Bolsa Chica, a coastal marsh exchange access services in that MSA protection to this plant. system located to the south in what is that prices those services above the rate EFFECTIVE DATE: This rule is effective now Orange County. He noted that charged for such services by the June 20, 2001. Orange County was not made a separate competing ILEC. ADDRESSES: The complete file for this county from Los Angeles until 1889, 7 (e) Rural exemption. Notwithstanding rule is available for inspection, by years after the Parish’s collection was paragraphs (b) through (3) of this appointment, during normal business made. In the five decades following its section, a rural CLEC competing with a hours at the Ventura Fish and Wildlife discovery, Astragalus pycnostachyus non-rural ILEC shall not file a tariff for Office, U.S. Fish and Wildlife Service, var. lanosissimus was collected from its interstate exchange access services 2493 Portola Road, Suite B, Ventura, about four locations in Los Angeles and that prices those services above the rate California 93003. Ventura counties, three of which are prescribed in the NECA access tariff, FOR FURTHER INFORMATION CONTACT: Rick near one another. In Los Angeles County assuming the highest rate band for local Farris or Lois Grunwald, Ventura Fish it was collected from near Santa Monica switching and the transport and Wildlife Office, at the address above in 1882, the Ballona marshes just to the interconnection charge. If the competing (telephone 805/644–1766; facsimile south in 1902, and ‘‘Cienega’’ in 1904, ILEC is subject to the Commission’s 805/644–3958). also likely near the Ballona wetlands. In
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Ventura County it was collected in 1901 closed. The Service is not aware of extinct in the wild. The Service and 1925 from Oxnard and in 1911 from records on the origin of the soil used to published a notice in the July 1, 1975, Ventura, a city adjacent to Oxnard. By cap the waste disposal site; however, Federal Register (40 FR 27823) of its 1964, Barneby (1964) believed that it because of the costs of transport, the soil acceptance of the report as a petition had certainly been extirpated from source is likely of local origin. within the context of section 4(c)(2) Santa Monica southward, noting that The population of Astragalus (petition provisions are now found in there was still the possibility it survived pycnostachyus var. lanosissimus section 4(b)(3)) of the Act and its in Ventura County (although he knew of consisted of about 374 plants total in intention to review the status of the no locations at that time). The species 1997, of which 260 were small plants, plant taxa named therein. was briefly rediscovered in 1967 by R. thought to have germinated in the last On June 16, 1976, the Service Chase, who collected a single specimen year. Fewer than 65 plants in the published a proposed rule in the growing by a roadside between the cities population produced fruit in 1997 Federal Register (41 FR 24523) to of Ventura and Oxnard. Subsequent (Impact Sciences, Inc. 1997). The plants determine approximately 1,700 vascular searches uncovered no other living are growing in an area of less than 1 plant species to be endangered species plants at that location, although some acre, with one outlying plant located 10 pursuant to section 4 of the Act. This mowed remains discovered on McGrath to 20 meters (30–60 feet) from the main list, which included Astragalus State Beach lands, across the road from group in 1997 (D. Steeck, Service, pers. pycnostachyus var. lanosissimus, was the collection site, were believed to obs. 1997). In 1998, surveys revealed assembled on the basis of comments and belong to this taxon (information on 192 plants. In 1999, Service efforts went data received by the Smithsonian herbarium label from specimen into placing hardware cloth cages Institution and the Service in response collected by R.M. Chase, 1967). Floristic around a sample of plants. This to House Document No. 94–51 and the surveys and focused searches conducted experimental caging was initiated due to July 1, 1975, Federal Register in the 1970s and 1980s at historic severe herbivory, apparently by small publication. General comments received locations failed to locate any A. mammals. An estimate of between 30 in relation to the 1976 proposal were pycnostachyus var. lanosissimus, and and 40 plants produced flowers in 1999, summarized in an April 26, 1978, the plant was presumed extinct (Isley believed to be fewer than half of those Federal Register publication (43 FR 1986; Spellenberg 1993; Skinner and blooming in 1998 (D. Steeck in litt. 17909). In 1978, amendments to the Pavlik 1994) until June 12, 1997, when 1999). Endangered Species Act required that a population of the plant was The land on which the only known all proposals more than 2 years old be rediscovered by U.S. Fish and Wildlife population of Astragalus pycnostachyus withdrawn. A 1-year grace period was Service (Service) biologist Kate var. lanosissimus grows is privately given to those proposals already more owned and a project to decontaminate Symonds, in a degraded coastal dune than 2 years old. In a December 10, the soils and construct a housing system near Oxnard, California. 1979, notice (44 FR 70796), the Service development on the site has been withdrew the portion of the June 16, Almost nothing is known of the proposed (Impact Sciences, Inc. 1998). 1976, proposal that had not been made habitat requirements of Astragalus Limited efforts to assist with the final, along with four other proposals pycnostachyus var. lanosissimus. All conservation of the species have been that had expired. A. pycnostachyus var. but two of the known collections of this initiated by the project proponent, the lanosissimus was included in that taxon were made prior to 1930. Service, the State, and other withdrawal notice. Specimen labels from these collections cooperators. The project proponent has We published an updated candidate and original published descriptions successfully grown plants in a remote notice of review for plants on December contain virtually no habitat information. greenhouse facility. Several plants were 15, 1980 (45 FR 82480). This notice The related variety, Astragalus excavated from the natural population included Astragalus pycnostachyus var. pycnostachyus var. pycnostachyus, is and potted, and several plants were lanosissimus in a list of category 1 found in or at the high edge of coastal started from seed gathered from the candidate species that were possibly saltmarshes and seeps. The newly natural population. In addition, we extinct in the wild. These category 1 discovered population of A. cooperated with the California candidates would have been given high pycnostachyus var. lanosissimus occurs Department of Fish and Game in making priority for listing if extant populations in a sparsely vegetated low area, at an conservation seed collections from the were confirmed. elevation of about 10 meters (30 feet), in site. This seed was divided into a seed The Service maintained Astragalus a site previously used for disposal of storage collection and a seed bulking pycnostachyus var. lanosissimus as a petroleum waste products (Impact project at the Rancho Santa Ana Botanic category 1 candidate in subsequent Sciences, Inc. 1997). Dominant shrub Gardens. notices published on November 28, species at the site are Baccharis pilularis 1983 (48 FR 53640), September 27, 1985 (coyote brush), Baccharis salicifolia Previous Federal Action (50 FR 39526), and February 21, 1990 (mule fat), Salix lasiolepis (arroyo Federal actions on this taxon began as (55 FR 6184). The Service published a willow), and the nonnative Myoporum a result of section 12 of the Endangered notice (58 FR 51144) on September 30, laetum (myoporum) (Impact Sciences, Species Act of 1973, as amended (16 1993, in which taxa whose existence in Inc. 1997). The population itself occurs U.S.C. 1531 et seq.) (Act), which the wild was in doubt, including A. with sparse vegetative cover provided directed the Secretary of the pycnostachyus var. lanosissimus, were primarily by Baccharis pilularis, Smithsonian Institution to prepare a moved to Category 2. On February 28, Baccharis salicifolia, a nonnative report on those plants considered to be 1996, we published a Notice of Review Carpobrotus sp. (seafig), and a endangered, threatened, or extinct in the in the Federal Register (61 FR 7596) nonnative annual grass, Bromus United States. This report (House that discontinued the designation of madritensis ssp. rubens (red brome). Document No. 94–51) was presented to category 2 species as candidates, Soils are reported to be loam-silt loams Congress on January 9, 1975, and including those taxa thought to be (Impact Sciences, Inc. 1997). Soils were Astragalus pycnostachyus var. extinct. Thus, A. pycnostachyus var. likely transported from other locations lanosissimus was included on List C, lanosissimus was excluded from this as a cap for the disposal site once it was among those taxa believed possibly and subsequent notices of review. In
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1997, A. pycnostachyus var. species. However, these initial determined to be an endangered or lanosissimus was rediscovered and a experiments have shown limited threatened species due to one or more review of the taxon’s status indicated success, and the ability to maintain of the five factors described in section that a proposed rule was warranted. populations necessary for the recovery 4(a)(1). These factors and their We published a proposed rule to list of A. pycnostachyus var. lanosissimus application to Astragalus pycnostachyus Astragalus pycnostachyus var. has not been demonstrated. var. lanosissimus are as follows: lanosissimus as endangered in the Comment 3: There are no additional Federal Register on May 25, 1999 (64 benefits for the species by listing it. A. The Present or Threatened FR 28136). We have updated this rule to Response 3: Federal listing will Destruction, Modification, or reflect any changes in information provide additional protection for the Curtailment of Its Habitat or Range concerning distribution, status, and species through Federal regulations and Astragalus pycnostachyus var. threats since the publication of the recovery efforts. Additional protection lanosissimus is believed to have been proposed rule. will potentially be provided through the extirpated from all but one of the consultation process for projects which general areas from which it has been Summary of Comments and may affect the species that are funded, collected. In Los Angeles County, this Recommendations permitted, or carried out by a Federal taxon was collected in the late 1800s In the May 25, 1999, proposed rule agency as required by section 7 of the and early 1900s from Santa Monica, (64 FR 28136), we requested interested Act. In addition, Federal listing of a Ballona Marsh, and ‘‘Cienega’’ (probably parties to submit factual reports or species generally provides for near Ballona Marsh). These coastal areas information that might contribute to recognition and additional funding, by are now urbanized within the expansive development of a final rule. We our agency as well as others, for the Los Angeles metropolitan area. About contacted appropriate Federal agencies, conservation and recovery of the 90 percent of the Ballona wetlands, once State agencies, county and city species. Although our recovery planning encompassing almost 2000 acres, have governments, scientific organizations, process typically occurs after the been drained, dredged, and developed and other interested parties and species has been federally listed, the into the urban areas of Marina del Rey requested information and comments. State listing of this species has served to and Venice (Critchfield 1978; Friends of We published a newspaper notice advance the process of identifying Ballona Wetlands 1998). Ballona Creek, inviting public comment in the Los appropriate recovery actions. We the primary freshwater source for the Angeles Times on June 3, 1999. currently do not know what population wetland, had been straightened, During the comment period we size and habitat areas are needed to dredged, and channelized by 1940 received comments from 4 individuals, support the continued existence of this (Friesen, et al. 1981). Despite periodic agencies, or group representatives species. However, specific recovery surveys of what remains at the Ballona concerning the proposed rule. Two objectives and criteria to delist the wetlands, A. pycnostachyus var. commenters supported the proposal, species in the future, including targets lanosissimus has not been collected one was neutral, and one was opposed for population/habitat sizes, will be there since the early 1900s (Gustafson to the proposal. Comments provided developed during the formal recovery 1981; herbarium labels from collections additional information that, along with planning process. This process will by H. P. Chandler and by E. Braunton, other clarifications, has been involve species experts, scientists, and 1902, housed at U.C. Berkeley Herbaria). incorporated into the ‘‘Background’’ or interested members of the public, in Barneby (1964) believed that A. ‘‘Summary of Factors’’ sections of this accordance with the interagency policy pycnostachyus var. lanosissimus was final rule. Opposing comments and our on recovery plans under the Act, extirpated from all areas south of Santa responses are summarized as follows: published on July 1, 1994 (59 FR Monica by the mid-1960s. In 1987, Comment 1: The proposed rule failed 34272). botanists searched for A. pycnostachyus to meet any listing criteria as defined by var. lanosissimus at previous collection the Act. Peer Review locations throughout its range in coastal Response 1: We disagree. The In accordance with our peer review habitats, including Bolsa Chica in arguments presented in the Summary of policy published on July 1, 1994 (59 FR Orange County and on public lands Factors Affecting the Species section of 34270), we solicited the expert opinions around Oxnard in Ventura County, the rule have been supported by the of three peer reviewers regarding without success (F. Roberts, Service, in. peer review process as well as our pertinent scientific or commercial data litt. 1987; R. Burgess, CNPS, in. litt. internal legal and biological reviews for and assumptions relating to population 1987; T. Thomas, Service, pers. comm. compliance with the Act. status and biological and ecological 1997). Point Mugu Naval Air Weapons Comment 2: The proposed rule information for Astragalus Station, in southern Ventura County, utilized outdated and incomplete data, pycnostachyus var. lanosissimus. Only may have potential habitat. Detailed and failed to include information about one reviewer responded. This reviewer surveys have not been conducted there; the horticultural experiments conducted provided supporting information for the however, A. pycnostachyus var. in central California. listing of the species and described the lanosissimus was not found during Response 2: The data used in information included in the rule as cursory surveys of the base, and this determining the status of Astragalus factually correct to the best of his taxon has never been collected there. pycnostachyus var. lanosissimus was knowledge. The single known population of current and complete at the time the Astragalus pycnostachyus var. proposed rule was written. Summary of Factors Affecting the lanosissimus occurs near the city of Experimental horticultural activities Species Oxnard, in a degraded backdune involving the removal of some plants Section 4 of the Endangered Species community. From 1955 to 1981 the land and seeds from the natural population Act and regulations (50 CFR part 424) on which it occurs was used as a and their propagation in a greenhouse promulgated to implement the listing disposal site for oil field wastes (Impact facility have been initiated, and we provisions of the Act set forth the Sciences, Inc. 1998). In 1998, the City of believe that such activities may prove to procedures for adding species to the Oxnard published a Final be useful in conserving the plant Federal lists. A species may be Environmental Impact Report (FEIR) for
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development of this site (Impact 2000). The limited information available C. Disease or Predation Sciences, Inc. 1998). The proposal for about possible specific effects of A sooty fungus was found on the the site includes remediation of soils competition and predation on the leaves of Astragalus pycnostachyus var. contaminated with hydrocarbons, Ventura marsh milk-vetch is described lanosissimus in late summer, 1997, as followed by construction of 364 homes in CDFG (2000). While the life-history leaves began to senesce and the plants and a 6-acre lake on a total of 91 acres, requirements of the Ventura marsh entered a period of dormancy (Impact including the land on which A. milk-vetch are not well understood, any Sciences, Inc. 1997; T. Yamashita, pycnostachyus var. lanosissimus grows. factor that substantially alters the Sunburst Plant Disease Clinic, pers. The proposed soil remediation would hydrology of the site, such as increases comm. 1998). The effects of the fungus involve excavation and stockpiling of or decreases in urban/suburban runoff, on the population are not known, but it the soils, followed by soil treatment and is likely to make the site unsuitable for is possible that the fungus attacks redistribution of the soils over the site this wetland species (see the discussion senescing leaves in great number only at (Impact Sciences, Inc. 1998), destroying of hydrology and small preserves in the end of the growing season. The the A. pycnostachyus var. lanosissimus Conservation Biology Institute (2000)). plants appeared robust when in flower population that was identified on the Likewise, increased levels of chemicals in June 1997, matured seed by October site late in the planning process. In arriving via runoff or drift can be 1997, and were regrowing in March order to mitigate for this loss, the project expected in small preserves and can 1998, after a period of dormancy, included provisions for seed collection harm native species. Specific and horticultural propagation, and without obvious signs of the fungus (D. predictions about the effects of Steeck, Service, pers. obs. 1997, 1998, transplantation of greenhouse seedlings chemicals such as herbicides and and plants collected from the wild to 1999). pesticides on the proposed milk-vetch The seeds of Astragalus off-site locations. preserve would be speculative at this The proposed project, as described in pycnostachyus var. lanosissimus in point, but given the proximity of the the FEIR, would adversely affect the 1997 were heavily infested with seed preserve to future suburban and urban only known population of A. beetles (Bruchidae: Coleoptera). In a pycnostachyus var. lanosissimus, uses, increases in pesticides or seed collection made for conservation resulting in the likely extinction of this herbicides can be expected. These purposes, the Service found that while taxon in the wild. On July 27, 1999, the increases could harm the milk-vetch most fruits in 1997 partially developed California Department of Fish and Game directly, or alter the pollinator or plant at least 4 seeds, seed predation reduced (CDFG) signed a Memorandum of associations upon which it depends. the average number of undamaged seeds Understanding (MOU) with the project Fuel management is also a concern for to only 1.8 per fruit (D. Steeck, Service, proponent to establish a permanent rare small preserves in urban or suburban and M. Meyer, CDFG, unpublished plant preserve on site and provide for areas; the fire hazard at the wildland- data). Apparently heavy seed predation experimental off-site mitigation (see urban interface is receiving national and by seed beetles and weevils has been Appendix E, CDFG 2000). The intent of local attention (Federal Fire Policy reported among other members of the the MOU was to increase protections to 2001, Ventura County 2001). In this part genus Astragalus (Platt et al. 1974; the milk-vetch beyond that in the of California much of the native and Lesica 1995). The effects of seed original project description. However, some of the nonnative vegetation is predation on the population and its implementing the MOU would still flammable. Currently the local fire variability from year to year are not result in intensive habitat disturbance department requires 100 feet of known at this time. during soil remediation, up to the edge vegetation modification for fire safety The introduced nonnative milk snail of the extant stand of A. pycnostachyus (Ventura County 2001). If the proposed (Otala lactea) was observed causing var. lanosissimus. Under the MOU, development design required that 100 damage to the foliage of Astragalus when the project is complete there will feet of fuel modification was necessary pycnostachyus var. lanosissimus in be a 5-acre preserve surrounded by in the preserve, it would reduce the size 1998 and 1999 concurrent with a urban land use. of the core preserve to 1.9 acres. Finally, dramatic decline in seedling plants (D. The small size of the preserve and its attempts to grow this species elsewhere Steeck, Service pers. comm. 1999). Severely pruned plants were observed proximity to future urban and suburban in the wild have failed, or require in 1999, which was attributed to small uses makes it subject to the effects of constant intervention (Mary Meyer, mammal herbivory (D. Steeck field nonnative, invasive plant and animal March 2000 In litt.; Wayne Ferren, notes 1999). species, increased water supply due to August 2000 In litt.). Thus, the preserve, suburban irrigation runoff, and as designed, does not adequately D. The Inadequacy of Existing chemicals such as herbicides, address the biological needs of the Regulatory Mechanisms pesticides, and fertilizers (see species, relies on unproven management Conservation Biology Institute 2000, The California Fish and Game measures, and will not insure protection CDFG 2000 and references therein). Commission listed Astragalus of the site. Independently or in combinations, these pycnostachyus var. lanosissimus as factors present difficult management B. Overuse for Commercial, endangered under the Native Plant challenges which, if not adequately Recreational, Scientific, or Educational Protection Act (NPPA) (chapter 1.5 sec. addressed, could lead to the elimination Purposes 1900 et seq. of the California Fish and of A. pycnostachyus var. lanosissimus Game Code) and the California from the site. Nonnative plant and Overutilization is not known to be a Endangered Species Act (CESA) animal species are competitors and problem for Astragalus pycnostachyus (chapter 1.5 sec. 2050 et seq.) on April predators, respectively, that can directly var. lanosissimus at present. Soon after 6, 2000. California Senate Bill 879, reduce survival of native plants, and this taxon was discovered, the project passed in 1997 and effective January 1, they can also upset the invertebrate proponent installed a fence around the 1998, requires individuals to obtain a (pollinator) and vascular plant population, which appears to have been section 2081(b) permit from CDFG to associations upon which native plants effective in minimizing unauthorized take a listed species incidental to depend (Conservation Biology Institute visitation. otherwise lawful activities, and requires
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that all impacts be fully mitigated and mechanisms is ultimately at the with planning for land use at the site. all measures be capable of successful discretion of the local and State For example, the project proponents implementation. However, past attempts agencies involved and, therefore, does have conducted at least two excavations to mitigate impacts to rare plant not assure protection for, or preclude in the population to examine the soils populations have often failed (Howald the need to list, this taxon. in which the plants occur (D. Steeck, 1993), and it is unclear how well these pers. obs. 1997) and to examine the root E. Other Natural or Manmade Factors requirements will provide for the long- structure of an adult plant (R. Smith, Affecting Its Continued Existence term conservation of State-listed plants. R.A. Smith and Associates, pers. comm. The California Environmental Quality Astragalus pycnostachyus var. 1998). In April 1998 the project Act (CEQA) requires a full public lanosissimus is threatened with proponents dug up and transported disclosure of the potential extinction from unanticipated human three plants out of Ventura County to a environmental impacts of proposed activities and natural events by virtue of greenhouse in central California in a projects. The public agency with the very limited number of individuals preliminary attempt at transplanting primary authority or jurisdiction over in, and the small area occupied by, the them. In addition to the direct removal the project is designated as the lead only known extant population. A of reproducing individuals from the agency, and is responsible for wildfire in the summer before seeds population, exploratory excavations conducting a review of the project and have matured, a plane crash (the taxon within the population can potentially consulting with the other agencies is under the extended center flight line alter the hydrology of the micro-site concerned with the resources affected of the Oxnard airport and a crash where the plants are found, reduce by the project. Section 15065 of the occurred on the site in 1995 (Murphy in seedling establishment by burying or CEQA Guidelines requires a finding of litt. 1997), and other natural or removing seeds and seedlings from the significance if a project has the potential unanticipated human-caused events soil, and injure plant roots. to ‘‘reduce the number or restrict the could eliminate the existing population The Service has carefully assessed the range of a rare or endangered plant or and result in the extinction of this taxon best scientific and commercial animal.’’ Species that can be shown to from the wild. information available regarding the past, meet the criteria for State listing, such The single known population of this present, and future threats faced by this as Astragalus pycnostachyus var. taxon is also threatened by competition taxon in determining this final rule. lanosissimus, are considered under with nonnative plant species. Residential and commercial CEQA (CEQA Section 15380). Once Cortaderia selloana (pampas grass), development have resulted in the loss significant effects are identified, the Carpobrotus sp., and Bromus and alteration of this taxon’s coastal lead agency must require mitigation for madritensis ssp. rubens are invasive habitat and are the most likely cause of effects through changes in the project nonnative plant species that occur at the population extirpation historically. Loss unless the agency decides that site (Impact Sciences, Inc. 1997). and alteration of habitat from soil overriding social or economic Carpobrotus sp. in particular, are remediation activities and proposed considerations make mitigation competitive, succulent species with the residential development threaten the infeasible. In the latter case, projects potential to cover vast areas in dense only known extant population. Other may be approved that cause significant clonal mats. Bromus madritensis ssp. threats include competition from environmental damage, such as rubens grew in high densities around nonnative plant species and destruction of endangered species. some mature individuals of Astragalus unanticipated human activities and Protection of listed species through pycnostachyus var. lanosissimus in natural events which could diminish or CEQA, therefore, is ultimately left to the 1998, and seedlings were germinating destroy the very small extant discretion of the agency involved. among patches of Carpobrotus and population. Existing regulatory The Coastal Zone Management Act of Bromus in 1998 (D. Steeck, pers. obs. mechanisms are inadequate to protect 1972 is a Federal statute that allowed for 1998). Seedling survival rates in these this taxon. Because Astragalus the establishment of the California areas have not yet been determined. As pycnostachyus var. lanosissimus is in Coastal Act (CCA) of 1976. CCA explained under factor A, managing danger of extinction throughout all or a established a coastal zone. In Ventura nonnative plants and animals and other significant portion of its range, it fits the County, the site of the only known threats to native species is difficult in Act’s definition of endangered. extant population of Astragalus small preserves (Conservation Biology pycnostachyus var. lanosissimus occurs Institute 2000, CDFG 2000). Carpobrotus Critical Habitat in the California Coastal Zone (Impact and Bromus can compete directly with Critical habitat is defined in section 3 Sciences, Inc. 1998). As required by the milk-vetch and may also alter the of the Act as—(i) the specific areas CCA, Ventura County has developed a microenvironment so seriously that they within the geographical area occupied Coastal Land Use Plan. It currently alter the invertebrate (pollinator) and by a species, at the time it is listed in designates the area occupied by A. vascular plant associations upon which accordance with the Act, on which are pycnostachyus var. lanosissimus as the milk-vetch depends (see discussion found those physical or biological Open Space, and amendments of the of nonnative predators and competitors features (I) essential to the conservation Coastal Land Use Plan will be required on the site in CDFG (2000)). In addition, of the species and (II) that may require for approval of a residential the life history and biology of special management consideration or development on this property. Land use Astragalus pycnostachyus var. protection; and (ii) specific areas decisions made by local agencies in the lanosissimus is not well known, owing outside the geographical area occupied Coastal Zone are appealable to the to its only recent rediscovery. It will be by a species at the time it is listed, upon California Coastal Commission. many years before we understand what a determination that such areas are Although the Coastal Zone designation factors influence seedling germination essential for the conservation of the and CEQA require that unique and the production of viable seeds in species. ‘‘Conservation’’ means the use biological resources, such as A. the wild. of all methods and procedures needed pycnostachyus var. lanosissimus, be Astragalus pycnostachyus var. to bring the species to the point at considered in the planning process, any lanosissimus is also threatened by which listing under the Act is no longer protection offered by these regulatory activities in occupied habitat associated necessary.
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Section 4(a)(3) of the Act, as Specimen labels from these collections critical habitat, if any is being amended, and implementing regulations and original published descriptions designated. Regulations implementing (50 CFR 424.12) require that, to the contain virtually no habitat information. this interagency cooperation provision maximum extent prudent and The newly discovered population of A. of the Act are codified at 50 CFR part determinable, we designate critical pycnostachyus var. lanosissimus occurs 402. Section 7(a)(4) of the Act requires habitat at the time the species is at a site previously used for disposal of Federal agencies to confer with the determined to be endangered or petroleum waste products (Impact Service on any action that is likely to threatened. Our regulations (50 CFR Sciences, Inc. 1997), on soils that were jeopardize the continued existence of a 424.12(a)(1)) state that designation of likely transported from other locations species proposed for listing or result in critical habitat is not prudent when one as a cap for the disposal site once it was destruction or adverse modification of or both of the following situations closed. The original source of these soils proposed critical habitat. If a species is exist—(1) the species is threatened by is not known. As a result of this lack of listed subsequently, section 7(a)(2) of taking or other activity and the information about the habitat needs of the Act requires Federal agencies to identification of critical habitat can be the species, we believe that the ensure that activities they authorize, expected to increase the degree of threat biological needs of the species are not fund, or carry out are not likely to to the species or (2) such designation of sufficiently well known to permit jeopardize the continued existence of critical habitat would not be beneficial designation of an area as critical habitat, the species or destroy or adversely to the species. and find that critical habitat for A. modify its critical habitat. If a Federal In the proposed rule, we indicated pycnostachyus var. lanosissimus is not action may affect a listed species or its that designation of critical habitat for determinable at this time. critical habitat, the responsible Federal Astragalus pycnostachyus var. Our regulations (50 CFR 424.17(b)(2)) agency must enter into formal lanosissimus was not prudent because require that, when we make a ‘‘not consultation with the Service. The we believed that designation of critical determinable’’ finding, we designate single known extant population of habitat would not provide any critical habitat within two years of the Astragalus pycnostachyus var. additional benefit beyond that provided publication date of the original lanosissimus occurs on privately owned through listing as endangered. We came proposed listing rule, unless the land. While currently there are no direct to that conclusion because the plant designation is found to be not prudent. Federal authorizations needed for occurs only on private land with no However, our listing budget is currently remediation of the contaminated soils of known Federal nexus, because the insufficient to allow us to immediately the site, Federal involvement could designation of critical habitat would not complete all of the listing actions potentially arise from this situation in invoke the protection afforded under required by the Act. Listing the Ventura the future. section 9, and because, in this case, with marsh milk-vetch without designation The listing of Astragalus no permit requirement, section 10 is not of critical habitat will allow us to pycnostachyus var. lanosissimus as applicable. In addition, the private concentrate our limited resources on endangered will provide for the landowner and all appropriate non- higher-priority critical habitat and other development of a recovery plan for this Federal agencies were aware of the listing actions, while allowing us to taxon. Such a plan will bring together Federal status of this species and its invoke protections needed for the Federal, State, and local efforts for the location on private land. conservation of this species without conservation of this taxon. The plan will After further consideration, and in further delay. We will make a establish a framework for agencies to light of recent court rulings regarding determination regarding critical habitat coordinate activities and to cooperate critical habitat designations, we believe in the future at such time when our with each other in conservation efforts. that Astragalus pycnostachyus var. available resources and priorities allow. The plan will set recovery priorities and lanosissimus may benefit from critical describe site-specific management Available Conservation Measures habitat designation. For example, actions necessary to achieve the critical habitat designation may educate Conservation measures provided to conservation of this taxon. and inform the public and help focus species listed as endangered or The Act and its implementing conservation efforts through future threatened under the Endangered regulations set forth a series of general Federal, State, and local planning efforts Species Act include recognition, prohibitions and exceptions that apply and the public, by identifying the recovery actions, requirements for to all endangered plants. With respect to habitat needs and crucial areas for Federal protection, and prohibitions Astragalus pycnostachyus var. Astragalus pycnostachyus var. against certain activities. Recognition lanosissimus, all prohibitions of section lanosissimus. Therefore, we now believe through listing encourages public 9(a)(2) of the Act, implemented by 50 that critical habitat designation may be awareness and results in conservation CFR 17.1 for endangered plants, apply. prudent for Astragalus pycnostachyus actions by Federal, State, and local These prohibitions, in part, make it var. lanosissimus. agencies, private organizations, and illegal for any person subject to the Critical habitat is not determinable individuals. The Act provides for jurisdiction of the United States to (50 CFR 424.12(a)(2)) when one or both possible land acquisition from willing import or export, transport in interstate of the following situations exist—(1) sellers and cooperation with the States or foreign commerce in the course of a Information sufficient to perform and requires that recovery actions be commercial activity, sell or offer for sale required analyses of the impacts of the carried out for all listed species. The in interstate or foreign commerce, or designation is lacking, or (2) the protection required of Federal agencies remove and reduce the species to biological needs of the species are not and the prohibitions against certain possession from areas under Federal sufficiently well known to permit activities involving listed plants are jurisdiction. In addition, for plants identification of an area as critical discussed, in part, below. listed as endangered, the Act prohibits habitat. Almost nothing is known of the Section 7(a) of the Act, as amended, the malicious damage or destruction on habitat requirements of Astragalus requires Federal agencies to evaluate areas under Federal jurisdiction and the pycnostachyus var. lanosissimus. All their actions with respect to any species removal, cutting, digging up, or but two of the known collections of this that is proposed or listed as endangered damaging or destroying of such taxon were made prior to 1930. or threatened and with respect to its endangered plants in knowing violation
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of any State law or regulation, including Federal jurisdiction constitutes a References Cited State criminal trespass law. Certain violation of section 9 if conducted in exceptions to the prohibitions apply to knowing violation of State law or A complete list of all references cited agents of the Service and State regulations, or in violation of State herein is available upon request from conservation agencies. criminal trespass law. Questions the Ventura Fish and Wildlife Office (see ADDRESSES The Act and 50 CFR 17.62 and 17.63 regarding whether specific activities section). also provide for the issuance of permits would constitute a violation of section Author to carry out otherwise prohibited 9 should be directed to the Field activities involving endangered plant Supervisor of the Service’s Ventura Fish The primary authors of this notice are taxa under certain circumstances. Such and Wildlife Office (see ADDRESSES Diane Steeck and Tim Thomas, U.S. permits are available for scientific section). Fish and Wildlife Service, Ventura Fish purposes and to enhance the National Environmental Policy Act and Wildlife Office (see ADDRESSES propagation or survival of the species. section). The Fish and Wildlife Service has Requests for copies of the regulations on determined that Environmental List of Subjects in 50 CFR Part 17 listed species and inquiries about Assessments, as defined under the prohibitions and permits may be Endangered and threatened species, authority of the National Environmental addressed to the U.S. Fish and Wildlife Exports, Imports, Reporting and record Policy Act of 1969, need not be Service, Endangered Species Permits, keeping requirements, Transportation. prepared in connection with regulations 911 NE 11th Avenue, Portland, Oregon adopted pursuant to section 4(a) of the Regulation Promulgation 97232–4181 (503/231–2063, facsimile Endangered Species Act of 1973, as 503/231–6243). amended. A notice outlining the Accordingly, the Service hereby It is the policy of the Service, Service’s reasons for this determination amends part 17, subchapter B of chapter published in the Federal Register on was published in the Federal Register I, title 50 of the Code of Federal July 1, 1994 (59 FR 34272), to identify on October 25, 1983 (48 FR 49244). Regulations, as set forth below: to the maximum extent practicable at the time a species is listed those Paperwork Reduction Act PART 17—[AMENDED] activities that would or would not be This rule does not contain any new likely to constitute a violation of section information collection requirements for 1. The authority citation for part 17 9 of the Act. The intent of this policy which the Office of Management and continues to read as follows: is to increase public awareness of the Budget (OMB) approval under the Authority: 16 U.S.C. 1361–1407; 16 U.S.C. effect of the listing on proposed and Paperwork Reduction Act, 44 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– ongoing activities within the taxon’s 3501 et seq., is required. Any 625, 100 Stat. 3500; unless otherwise noted. range. Astragalus pycnostachyus var. information collection related to the lanosissimus is not located on areas rule pertaining to permits for 2. Section 17.12(h) is amended by currently under Federal jurisdiction. endangered and threatened species has adding the following, in alphabetical Collection, damage, or destruction of OMB approval and is assigned clearance order under the families indicated, to this species on Federal lands is number 1018–0094. This rule does not the List of Endangered and Threatened prohibited (although in appropriate alter that information collection Plants to read as follows: cases a Federal endangered species requirement. For additional information § 17.12 Endangered and threatened plants. permit may be issued to allow collection concerning permits and associated for scientific or recovery purposes). requirements for threatened species, see * * * * * Such activities on areas not under 50 CFR 17.32. (h) * * *
Species Historic Family Status When Critical Special Scientific name Common name range listed habitat rules
FLOWERING PLANTS
******* Astragalus Ventura marsh milk- U.S.A. (CA) ...... Fabaceae—Pea ...... E 708 NA NA pycnostachyus vetch. var. lanosissimus.
*******
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Dated: May 14, 2001. Budget, Washington, DC 20503 (Attn: information required on a completed Marshall P. Jones, Jr., NOAA Desk Officer). IFQ landing report; (8) amends the Acting Director, Fish and Wildlife Service. FOR FURTHER INFORMATION CONTACT: information required for a shipment [FR Doc. 01–12663 Filed 5–18–01; 8:45 am] James Hale, 907–586–7228. report to clarify which registered buyer, BILLING CODE 4310–55–P SUPPLEMENTARY INFORMATION: in landings involving multiple registered buyers, is responsible for Background compliance with shipment report DEPARTMENT OF COMMERCE Regulations codified at 50 CFR part requirements; (9) makes minor 679 implement the IFQ Program, a corrections to errors arising from the National Oceanic and Atmospheric limited access system for management consolidation of regulations; (10) Administration of the Pacific halibut (Hippoglossus amends the survivorship transfer stenolepis) and sablefish (Anoplopoma provisions to allow the temporary 50 CFR Part 679 fimbria) fixed gear fisheries in and off transfer of a deceased QS holder’s QS Alaska, under the authority of the and IFQ to a designated beneficiary and [Docket No. 001108316–1083–02; I.D. revise a paragraph on an IFQ leasing 060600B] Halibut Act with respect to halibut and the Magnuson-Stevens Act with respect provision that expired in 1998; (11) RIN 0648–AK50 to sablefish. Further information on the amends the limitations on the use of QS rationale for and implementation of the and IFQ to require annual updates on Fisheries of the Exclusive Economic IFQ Program is codified in the final rule the status of corporations, partnerships, Zone Off Alaska; Improved Individual published in the Federal Register, and other collective entities holding QS; Fishing Quota Program November 9, 1993 (58 FR 59375). (12) amends the submission of appeals to allow appeals to initial administrative AGENCY: National Marine Fisheries NMFS’ continuing assessment of the decisions to be submitted by facsimile Service (NMFS), National Oceanic and IFQ Program’s responsiveness to machine; and (13) amends reporting Atmospheric Administration (NOAA), conservation and management goals for requirements for consistency with the Commerce. Pacific halibut and sablefish fisheries Paperwork Reduction Act (PRA). ACTION: Final rule. has produced two ‘‘omnibus’’ packages A detailed discussion of each of these of IFQ regulatory reforms since the SUMMARY: NMFS issues a final rule to changes may be found in the preamble inception of the program (60 FR 22307, to the proposed rule published amend regulations implementing the May 5, 1995; 61 FR 41523, August 9, Individual Fishing Quota (IFQ) Program December 14, 2000, at 65 FR 78126. 1996). This final rule, the third such NMFS invited public comment on the for the Pacific halibut and sablefish ‘‘omnibus’’ package of regulatory changes contained in this action fixed gear fisheries in and off Alaska. changes to the IFQ Program, amends through January 16, 2001. No comments NMFS has identified parts of the various portions of the program’s were received, and NMFS publishes this program that need further refinement or implementing regulations. These rule unchanged from the proposed rule. correction for effective management of changes are necessary to promote the This rule revises regulations the affected fixed gear fisheries. This ability of fishermen to conduct IFQ pertaining to certain IFQ forms and action is intended to effect those fishing operations more efficiently, to reports to clarify further the data refinements and is necessary to further enhance NMFS’ ability to administer the required of the public in these the objectives of the Magnuson-Stevens program, and to improve the clarity and collections of information. Two of the Fishery Conservation and Management consistency of IFQ Program regulations. collections of information contained in Act (Magnuson-Stevens Act) with This final rule makes the following this final rule have not yet been respect to the IFQ fisheries. changes to the IFQ regulations: (1) In authorized by OMB pursuant to the DATES: Effective June 20, 2001, except § 679.1 Purpose and scope, adds an PRA. The pertinent collections of for the gear type data element of explicit reference to the Halibut Act, information are the addition of ‘‘gear §§ 679.5(l)(2)(vi) and 679.42 (j)(6), under which regulations in this part type’’ to information required in a which are not effective until the Office regarding the Pacific halibut fishery completed IFQ Landing Report at of Management and Budget (OMB) were developed, and in § 679.1(d) revise § 679.5 (l)(2) and the addition of a approves the information collection ‘‘IFQ management plan’’ to read ‘‘IFQ requirement that a corporation, requirements contained in those management measures’’ to prevent any partnership, and other collective entity sections. NMFS will announce the inference that the IFQ Program is itself holding QS submit annual updates on effective date for those sections by a ‘‘fishery management plan’’ as that the status of the collective entity as such publication in the Federal Register. term is used in the Magnuson-Stevens at § 679.42 (j)(5). Comments on the information Act; (2) amends the requirements for collections must be received by June 20, IFQ fishermen participating in open- Classification 2001. access sablefish fisheries in Alaska State Notwithstanding any other provision ADDRESSES: Copies of the Regulatory waters; (3) adds nomenclature to reflect of the law, no person is required to Impact Review/Supplementary Final organizational changes in NMFS’ respond to, nor shall any person be Regulatory Flexibility Analysis may be Restricted Access Management (RAM) subject to a penalty for failure to comply obtained from Sue Salveson, Assistant program; (4) amends the definition of an with, a collection of information subject Regional Administrator for Sustainable IFQ landing to include vessels that are to the requirements of the Paperwork Fisheries, Alaska Region, NMFS, Room removed from the water and put on Reduction Act (PRA), unless that 453, 709 West 9th Street, Juneau, AK trailers; (5) removes the reference to an collection displays a currently valid 99801, or P.O. Box 21668, Juneau, AK ‘‘accompanying statement’’ establishing OMB control number. 99802, (Attn: Lori J. Gravel). Send IFQ balances; (6) adds an exemption for This final rule contains collection-of- comments on the information lingcod fishermen using dinglebar gear information requirements subject to the collections to NMFS and to OMB at the from the IFQ 6-hour prior notice of PRA and which have been approved by Office of Information and Regulatory landing and 12-hour landing window OMB under OMB control number 0648– Affairs, Office of Management and requirements; (7) adds gear type to the 0272. These requirements and their
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